Local Truck Routes - Oregon

ODOT Approval Procedure for Local Truck Routes

July 26, 2007

Purpose

On a regular basis the Oregon Department of Transportation receives inquiries from local governments about how to designate local truck routes. These requests are typically responded to in a variety of ways by various ODOT staff. Based on the outcome of a recent Supreme Court case, ODOT may delegate authority to local jurisdictions to designate local truck routes for safety reasons. In order to ensure consistency and provide a framework for making decisions on local truck route designations, ODOT needs a procedure to guide ODOT staff and local jurisdictions. The purpose of this document is to outline the procedure and lay out the necessary steps to seek approval of a local truck route by the Oregon Transportation Commission (OTC). It also provides additional information on local truck routes so that ODOT and local jurisdictions have a common understanding of the issues.

Background

Federal preemption and court decisions

Since 1980, most trucking has been deregulated. In 1994 the Federal Aviation Administration Authorization Act was passed and contained language to effectively eliminate state authority to regulate intrastate commerce. Economic regulation of intrastate commerce formerly included regulation of entry, price and routes. This federal legislation basically preempted states rights to prescribe routes.

The application of this law was challenged in a couple of instances and one case went to the Supreme Court in 2002. The case was City of Columbus, et al, Petitioners v. Ours Garage and Wrecker Service, et al.

The Supreme court decision says : "We hold that ?14501(c) does not bar a State from delegating to municipalities and other local units the State's authority to establish safety regulations governing motor carriers of property, including tow trucks. A locality, as ?14501(c) recognizes, is a "political subdivision" of the State. Ordinarily, a political subdivision may exercise whatever portion of state power the State, under its own constitution and laws, chooses to delegate to the subdivision. Absent a clear statement to the contrary, Congress' reference to the "regulatory authority of a State" should be read to preserve, not preempt, the traditional prerogative of the States to delegate their authority to their constituent parts."

The Supreme Court decision goes on to say "Local jurisdictions can establish a truck route with specific delegation of authority from the state to do so; however, local regulation that is not genuinely responsive to safety concerns garners no exemption

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from preemption." Once the delegation of authority is given, the only acceptable basis for directing trucks off a given route is for objective safety reasons.

Effect of court decisions on Oregon state law

Prior to 2002, designation of local trucks routes was allowed per ORS 810.040 Designation of Truck Routes (see Attachment D). In general, the statute says that a road authority can designate any of its highways as a truck route and prohibit the operation of trucks upon any other of its highways that serves the same route or area served by the truck route designated. As a result of the Supreme Court decision, ORS 810.040 has been preempted to the extent that in an addition to receiving a delegation of state authority to proceed, the local jurisdiction now has to also establish a bona fide safety reason to create the truck route and that burden was not created by ORS 810.040. For decision-making purposes, it is necessary to characterize "bona fide safety reasons" and determine how local jurisdictions can show that designation of a local truck route is warranted.

Procedure

1. Local government inquires about a local truck route and submits letter of request

Local government staff meets with Region staff to discuss the request. Region staff provides local government staff with a Local Truck Route Request Packet which includes a flow diagram for OTC approval (Attachment A), templates used to collect data (Attachment B), Impacts to Consider Prior to Designating a Local Truck Route (Attachment C) and Oregon Revised Statutes Pertaining to Truck Routes (Attachment D).

Any local government requesting approval from ODOT for a local truck route that diverts trucks from a state highway shall submit a letter of request along with the completed templates. As stated in the Background section above, before ODOT approves a local truck route, the local government must provide objective safety reasons for the designation of a local truck route. For the purpose of this procedure, the term "safety" shall pertain to safety associated with pedestrians, bicyclists and drivers but not structures. In the letter of request, the local government must make a plausible argument that there is a prospective safety concern. In outlining its case, the local government can refer to events and changes that occurred in the past (i.e. a trend in longer trucks, increase in percent of trucks) and events or changes that will occur in the future (i.e. installation of pedestrian medians to the highway or changes in land use). Legitimate safety issues may include factors such as crashes involving trucks and other reasons. A map or maps should also be included in the submittal that clearly shows the highway segment being diverted and the local street truck route.

2. ODOT Region reviews application

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The roles and responsibilities at the Region pertaining to the review of the local truck route will be identified by the Region Manager. The Region needs to involve Motor Carrier Transportation Division (MCTD) staff in their review process. The Freight Mobility Section of ODOT should have the opportunity to provide comments as well. In working with the local government, the Region needs to be timely and keeping the local government informed of the status of the work being reviewed.

ODOT Region conducts initial screening of application. Approval of the local truck route does not change or modify any of the highway designations associated with the section of highway being diverted (National Network, National Highway System or State Highway Freight System.) In addition, none of these designations will transfer over to the local truck route.

The Surface Transportation Assistance Act of 1982 authorized the establishment of a "National Network" for trucks where Federal width and length limits would apply. It includes the Interstate System and other designated highways which were part of the Federal-Aid Primary System in effect at that time.

3. Develop Local Truck Route Implementation Plan

If application appears reasonable, the Region sends a memo to the local government asking them to prepare a Local Truck Route Implementation Plan (LTRIP) which describes any improvements that are needed to the local truck route. This effort needs to be coordinated with ODOT Region and Motor Carrier Transportation Division (MCTD) staff. During development of the LTRIP, it may be appropriate for the local government to do a limited outreach with stakeholders. The LTRIP is a detailed description of all of the improvements needed to the local streets that need to occur prior to the opening of the local truck route. The LTRIP should include the following:

A schedule of when improvements will be made Street improvements plan, Intersection/signal improvements plan , Truck route sign plan (Truck routes signage shall be in conformance with the

Manual on Uniform Traffic Control Devices (MUTCD) ? See Truck Route Sign Section 2B.45) Maintenance plan Enforcement strategy.

If the recommended improvements and schedule in the LTRIP are appropriate, the ODOT Region sends a memo to the local government stating so.

4. Local government holds public hearing

It is advisable that the local government meet with stakeholders (residents, local businesses, Oregon Trucking Association, County, MPO or other appropriate

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stakeholders) before the public hearing to determine support for truck route. Potential stakeholders include:

- Residents and Neighborhood Associations - Local businesses - Local School District - Oregon Trucking Association - County, MPO or other agency impacted - Other appropriate stakeholders

Local government is required to notify public and hold a hearing on the proposed local truck route (see ORS 227.400 in Attachment D). A staff report should be prepared that includes a discussion on the need for the local truck route, the impacts of the truck route and a draft ordinance to implement the local truck route. It would also be helpful to identify any cost associated with improvements needed for the truck route and estimated street maintenance costs due to the truck route. Depending on the situation, a local government may include in the staff report, an amendment to the TSP contingent upon OTC approval of the truck route.

5. Draft Intergovernmental Agreement

A draft Intergovernmental Agreement (IGA) between the local government and ODOT needs to be prepared. The IGA and LTRIP should clearly outline jurisdictional responsibility for each of the elements in the plan. The IGA should include a maintenance agreement that ensures that the local truck route is properly maintained. There should also be a statement in the IGA indicating the possibility that the local truck route designation could be revoked if the roadway is not maintained properly. IGA is then signed by the local government.

6. ODOT meets with its stakeholders on the local truck route

A summary of the local government's action along with the information on the proposed local truck route is provided to ODOT stakeholders including the Oregon Trucking Association and others as appropriate.

7. ODOT Region prepares packet for upcoming OTC hearing

If there appears to be consensus on the request for a local truck route, the packet should be prepared as a consent calendar item. The packet needs to include a summary of the application, summary of the local government's action, summary of discussion with the stakeholders and a map. The staff report that goes to the OTC should state that the proposed local truck route would offer a safer route through town with fewer conflicts. It would be inappropriate for the staff report to state that the

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highway section is unsafe or not safe. Staff would be asking the OTC to approve the local truck route and delegate signing of the IGA to appropriate staff.

8. OTC approves or denies request

The request for a local truck route designation is presented to the OTC for approval. There is no appeal process for constituents who disagree with the decision to allow/disallow the local truck route as both the local government and OTC have a public hearing process.

9. Local government makes improvements to per LTRIP

After approval, all street, intersection, signal and signage improvements described in LTRIP need to be completed. Once these improvements are in place, Region staff will review and determine if they are consistent with the LTRIP. The local truck route does not open until all necessary improvements are in place.

10. Truck route opens

Truck route opens after public outreach including coordination with MCTD and the Oregon Trucking Association (OTA) and truck route signage is installed. In some cases, the local government may need to complete an update of its Transportation System Plan (TSP) so that the local truck route is consistent with the plan. As mentioned in Attachment C, enforcement of the local truck route is the responsibility of the local government.

The OHP Plan Manager with support from the Road Inventory and Classifications Section will be responsible for maintaining the inventory of the local trucks routes associated truck traffic diverted off of state highways.

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Attachment A ? Flow Diagram - Process for ODOT Approval of a Local Truck Route

1. Local Gov't inquires about local truck route & submits

letter of request

Region staff meet with applicant to discuss request & provide them with a Local Truck Route Request Packet (Attachments A through D).

Local government submits completed packet.

2. ODOT Region reviews

application

Region Manager determines roles and responsibilities pertaining to the review of the local truck route.

3. Develop Local Truck Route Implementation

Plan

The LTRIP is a detailed description of the improvements to the local streets that need to occur prior to the opening of the local truck route.

4. Local Gov't holds public hearing

It is advisable to meet with stakeholders prior to hearing. Staff report includes a discussion on the need for truck route, impacts & a draft ordinance to implement truck route.

8. OTC approves or denies request

7. ODOT Region prepares packet for upcoming OTC

hearing

Packet includes summary of the application, summary of local Govt's action, summary of discussion with stakeholders & a map.

6. ODOT meets with its stakeholders

on the local truck route

5. Draft Intergovernmental

Agreement

IGA & LTRIP should clearly outline jurisdictional responsibility for each element in the plan.

9. Local government makes improvements to per LTRIP

Region staff will review & determine if consistent with the LTRIP.

10. Truck route opens

Route opens after public outreach including coordination with MCTD & OTA & truck route signage is installed. Enforcement of the local truck route is the responsibility of the local Gov't.

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Attachment B - Highway Segment and Local Street Truck Route Templates

Template 1 - Highway segment to be diverted If more than one highway segment being diverted, please fill out one template per highway. Response column filled out as an example.

Highway Segment Attribute

Response

Local government/Applicant Name

State highway name & route number

Length of highway segment Milepoints of highway segment (To look up current MPs please see web site at road-assets-mileage.aspx#reports STA designation Commercial Center designation OHP highway classification OHP freight route National Highway System National Network Average Daily Traffic - most recent year Estimated percent trucks Average number of trucks per day Number of recorded crashes during the most recent last 3 years involving trucks Number of recorded crashes with fatalities during the most recent 3 years involving trucks Number of highway travel lanes in each direction and widths Highway segment is a couplet Posted speed for most of the highway segment Other posted speeds Number of signalized intersections Number of intersections with stop signs, flashing yellow lights etc. Striped bicycle lanes present on most of

Mayberry Oregon Coast/US

101 2,900 feet

MP 28.34 to MP 32.55

Yes no Statewide no Yes yes 29,000 23.5% 1,650 3

0

1 lane, 12' wide no

25 mph 35 mph

6 2 yes

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Highway Segment Attribute

highway segment Sidewalks present on highway segment Median present on highway segment Pedestrian crossing striping present at most intersections Highway segment with on-street parking Other attributes as appropriate for the request

Response

yes no no no

Comments

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